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Expert Analysis

Judicial Gatekeeping Suffers A Setback

Law360, New York (July 11, 2013, 11:49 AM EDT) -- A well-known Russian proverb says, "Trust, but verify." Popularized by Ronald Reagan during missile reduction negotiations with the Soviets, the proverb also aptly describes the federal courts' gatekeeping function under Daubert. Your expert may have won a Nobel Prize and authored 500 articles, but you can't expect his litigation-driven opinions on causation to be taken at face value. The district court just may review the studies underlying those opinions and conclude the expert is presenting not established science but, at most, an inspired hunch.[1]...

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